VIJAY KERKETTA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Assail in the present criminal appeal filed under Sec. 374(2) of the CrPC preferred by the appellants herein namely Vijay Kerketta (A-1) and Jagawati Bai (A-2), is to the legality, validity and correctness of the judgment dtd. 30/3/2016 passed by the Additional Sessions Judge, Fast Track Court, Raigarh, Chhattisgarh, in Sessions Trial No. 115/2015, by which the appellants herein have been convicted for offence under Sec. 370(4) of the IPC and sentenced thereunder to suffer imprisonment for life with fine of Rs.1,000.00 each; in default of payment of fine amount the appellants have to undergo additional imprisonment for six months while acquitting them from offences under Ss. 363, 371, 374/34 of the IPC.

(2.) In the instant case, the charges against the appellants were framed on 20/11/2015 for offences under Ss. 363, 370, 371 374/34 of the IPC, and finally the appellants have been convicted and sentenced for offence under Sec. 370(4) of the IPC, however Sec. 370 of the IPC was amended by Criminal Law (Amendment) Act, 2013 and came into force w.e.f. 3/2/2013.

(3.) Twelve years prior to 9/6/2015, the date of lodging the FIR (Ex.P/4), the appellants herein in furtherance of their common intention abducted the victim Shantibai (PW-5), who was aged about 8 years at the time of offence, from the lawful guardianship of her parents by enticing her to give better education and took her to Delhi where she was kept as a maid and was also exploited her against her wishes. Against the said act of the appellants, father of the victim Dharkuram (PW-3) made a written complaint vide Ex.P/3 by stating that A-1 Vijay Kerketta, took his daughter to Delhi for giving her (PW-5) better education, but A-1 sold his daughter and engaged her as maid servant and even when he (PW-3) asked A-1 about his daughter, A-1 kept deceiving him by saying that his daughter (PW-5) has been studying for a long time, pursuant to which FIR was registered vide Ex.P/4 on 9/6/2015. Crime details from was prepareed vide Ex.P/2. Wheels of investigation started running and the appellants were arrested.